Wednesday October 3, 2012 . The Star online

http://thestar.com.my/news/story.asp?sec=courts&file=/2012/10/3/courts/12115446

 

PUTRAJAYA: A five-year legal battle involving 108 Bukit Gasing residents against a development order by the Kuala Lumpur mayor over a hillslope project has ended, after the Federal Court here dismissed their leave to appeal against a Court of Appeal decision.

On March 6, the Court of Appeal upheld a High Court decision which had dismissed the residents’ review application.

The five-member panel, chaired by appeals court president Justice Md Raus Sharif, said the Bench was unanimous in passing the majority decision of the Court of Appeal.

“We’re of the view that no further argument is needed in this case, and the appellants’ application is dismissed with costs,” ruled Justice Md Raus.

The court ordered RM10,000 each to be paid to respondents Kuala Lumpur mayor and the developer, Gasing Meridian Sdn Bhd.

The other panel members were Justices Sulong Matjeraie, Hashim Yusoff, Ahmad Maarof and Zainun Ali.

On March 6, a three-member panel chaired by Court of Appeal Justice Ramly Ali delivered a 2-1 majority verdict, with Justices Ram­ly and Zaharah Ibrahim dismissing the residents’ appeal and Justice Jeffrey Tan Kok Wha dissenting.

Justice Zaharah had disagreed with the submission by the residents’ lawyer, R. Sivarasa, that the amended Town and Country Plan­ning Act 1976, which accorded the right to a public objection hearing to residents, extended to the Federal Territory.

Instead, she said the law that applied to the Federal Territory was the Federal Territory (Planning) Act 1982.

The 108 residents filed the application at the Kuala Lumpur High Court for a judicial review in 2008 to quash the development order by the mayor pertaining to the Sanctuary Ridge Kuala Lumpur City project on a 15.52ha site in Bukit Gasing.

The mayor, in an order dated Oct 2, 2007, issued to Gasing Meridian, allowed the developer to carry out earthwork and sub-division in the area.

In their judicial review application, the residents claimed that the mayor had failed to take into account that they had the right under common law to be given due notice and a chance to voice their opinion in the decision-making process.

During yesterday’s proceedings, the mayor and Gasing Meridian were represented by Ramesh Abraham and Datuk R.R. Sethu respectively. — Bernama

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